TERMS OF USE AND CONDITIONS AND DISCLAIMERS
TERMS OF USE AND CONDITIONS AND DISCLAIMERS

LAST UPDATED: April 2024

TERMS OF USE

CONDITIONS & DISCLAIMERS

The Boston Birding Festival website is comprised of various web pages operated by Boston Birding Festival.

The Boston Birding Festival website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Boston Birding Festival website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The Boston Birding Festival reserves the right to change the terms, conditions, and notices under which this website is offered.

LINKS TO THIRD PARTY SITES

The Boston Birding Festival website may contain links to other websites (“Linked Sites”). These Linked Sites are not under the control of the Boston Birding Festival and the Boston Birding Festival is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

The Boston Birding Festival is not responsible for webcasting or any other form of transmission received from any Linked Site.

The Boston Birding Festival is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Boston Birding Festival of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Boston Birding Festival website, you warrant to the Boston Birding Festival that you will not use the Boston Birding Festival website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You may not use the Boston Birding Festival website in any manner that could damage, disable, overburden, or impair the Boston Birding Festival website or interfere with any other party’s use and enjoyment of the Boston Birding Festival website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Boston Birding Festival website

USE OF COMMUNICATION SERVICES

The Boston Birding Festival website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable to any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

The Boston Birding Festival website has no obligation to monitor the Communication Services. However, the Boston Birding Festival website reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. The Boston Birding Festival website reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Boston Birding Festival website reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Boston Birding Festival’s sole discretion.

Always use caution when giving out personally identifying information about yourself or your children in any Communication Service.

The Boston Birding Festival does not control or endorse the content, messages, or information found in any Communication Service; therefore, the Boston Birding Festival specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts of these services are not authorized by the Boston Birding Festival website spokespersons, and their views do not necessarily reflect those of the Boston Birding Festival.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO THE BOSTON BIRDING FESTIVAL OR POSTED ON THIS WEBSITE

The Boston Birding Festival does not claim ownership of the materials you provide to the Boston Birding Festival (including feedback and suggestions) or post, upload, input, or submit (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting The Boston Birding Festival its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid for the use of your Submission, as provided herein. The Boston Birding Festival is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the Boston Birding Festival’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BOSTON BIRDING FESTIVAL’S WEBSITE  MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

THE BOSTON BIRDING FESTIVAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BOSTON BIRDING FESTIVAL WEBSITE AT ANY TIME. ADVICE RECEIVED VIA

THE BOSTON BIRDING FESTIVAL OR THIS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE BOSTON BIRDING FESTIVAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BOSTON BIRDING FESTIVAL WEB SITE FOR ANY PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

THE BOSTON BIRDING FESTIVAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BOSTON BIRDING FESTIVAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BOSTON BIRDING FESTIVAL WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BOSTON BIRDING FESTIVAL WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE BOSTON BIRDING FESTIVAL WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BOSTON BIRDING FESTIVAL WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BOSTON BIRDING FESTIVAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ITHE BOSTON BIRDING FESTIVAL WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE THE BOSTON BIRDING FESTIVAL WEB SITE.

SERVICE CONTACT: ADMIN@BOSTONBIRDINGFESTIVAL.ORG

TERMINATION/ACCESS RESTRICTION

The Boston Birding Festival reserves the right, in its sole discretion, to terminate your access to The Boston Birding Festival website and related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Middlesex, County, U.S.A. in all disputes arising out of or relating to the use of The Boston Birding Festival website.

Use of the Boston Birding Festival website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Boston Birding Festival as a result of this agreement. The Boston Birding Festival’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Boston Birding Festival’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Boston Birding Festival website or information provided to or gathered by the Boston Birding Festival for such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Boston Birding Festival, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Boston Birding Festival concerning the Boston Birding Festival’s website.

A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Boston Birding Festival website: Copyright © 2023-2028 The Boston Birding Festival and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.